Will SESTA/FOSTA affect these types of online venues?

[Beancounter]

In the interest of full disclosure......I’m an extremely challenged technical idiot.

 

Will online sites such as Chaturbate and Cam4 be impacted by these new laws? I think Microsoft owns Skype which I assume many people on Chaturbate and Cam4 use. Microsoft has informed users of its platforms that their new Terms of Service will become effective on May 1, 2018. Additionally, many Chaturbate and Cam4 “performers” collect tokens for their on-air time.

 

Money being exchanged, naked people = prostitution and sex trafficking according to the law?

 

Just curious on how people perceive these online sites with respect to the upcoming implementation of these new statutes.

[+ Tarte Gogo]

In the interest of full disclosure......I’m an extremely challenged technical idiot.

 

Will online sites such as Chaturbate and Cam4 be impacted by these new laws? I think Microsoft owns Skype which I assume many people on Chaturbate and Cam4 use. Microsoft has informed users of its platforms that their new Terms of Service will become effective on May 1, 2018. Additionally, many Chaturbate and Cam4 “performers” collect tokens for their on-air time.

 

Money being exchanged, naked people = prostitution and sex trafficking according to the law?

 

Just curious on how people perceive these online sites with respect to the upcoming implementation of these new statutes.

Technically, it is porn, not prostitution. Porn is protected by the first amendment (it is a type of art and expression, like other movies) , unless it is too obscene (no clear definition of that).

 

So what chaturbate does offer is ‘live porn’ rather than recorded porn.

 

I think those sites should be ok, as long as they continue to prevent real life meetings.

[+ stevenkesslar]

https://prostitution.procon.org/view.resource.php?resourceID=000119

 

I'm not a lawyer, so somebody correct me if I'm wrong. Prostitution is generally regulated by states, right?

 

Above is a list of federal and state laws and punishments. Until recently, as the text implies, my understanding is that you ran afoul of the feds generally when it crossed state or national boundaries - e.g. "interstate or foreign commerce." They went after Rentboy using The Travel Act which dealt with prohibited activities like illegal gambling and prostitution in interstate commerce.

 

For purposes of the Travel Act and the new revisions, which all fall under Section 18 of the US Code, my understanding is that Wikipedia writes about "prostitution" would apply here: "The inclusion of state-level crime in the Act is important because it effectively federalizes certain state laws which may not have analogous provisions at the Federal level."

 

Does anyone know if there is a separate federal definition of prostitution, or does it simply piggyback on state definitions for purposes of interstate or foreign commerce? The main target of FOSTA is "interactive computer services," so I'm guessing that means the state law that would apply is the state where the "interactive computer services" does business out of? In the case of Rentboy I believe New York law applied. Does anyone know that for sure?

 

https://www.congress.gov/bill/115th-congress/house-bill/1865/text

 

FOSTA keeps referring back to "interstate and foreign commerce" so I assume that means a local website in areas where prostitution (brothels) are legal in Nevada is exempt. I suppose the interesting question is what if you located an "interactive computer service" in one of the areas where it is legal - although I presume the local laws in Nevada may already written in a way that preempt that option; e.g. some counties charges fees based on the number of prostitutes or rooms.

 

http://statelaws.findlaw.com/california-law/california-prostitution-laws.html

 

If my understanding that it goes back to state definitions of prostitution, California law for example requires physical contact of a sexual nature. So while "tokens" on Chaturbate could perhaps be regarded as another form of payment, my guess is that Tarte Gogo is right and a "porn" website that pays tokens for performers online who you never meet or touch would be regarded as porn, not prostitution. If that is correct, that may be where other websites go - whatever it is they are actually providing, they could make it sound like this is a porn service where you look but don't touch.

[fedssocr1]

aren't most of those sites based overseas?

 

chaturbate and cam4 have their own platforms that the performers use, not Skype

[Walker1]

I wonder if this might be the moment if us rubes unite and sue the heck and make prostitution legal? The politicians united to throw more people in jail and strip away our freedom.

[Guy Fawkes]

I would suggest that you lookup the definition of prostitution.

 

In the interest of full disclosure......I’m an extremely challenged technical idiot.

 

Will online sites such as Chaturbate and Cam4 be impacted by these new laws? I think Microsoft owns Skype which I assume many people on Chaturbate and Cam4 use. Microsoft has informed users of its platforms that their new Terms of Service will become effective on May 1, 2018. Additionally, many Chaturbate and Cam4 “performers” collect tokens for their on-air time.

 

Money being exchanged, naked people = prostitution and sex trafficking according to the law?

 

Just curious on how people perceive these online sites with respect to the upcoming implementation of these new statutes.

[+ Tarte Gogo]

I would suggest that you lookup the definition of prostitution.

Actually most definitions are not helpful with this issue. E.g. Merriam webster :

“the act or practice of engaging in promiscuous sexual relations especially for money”

If that is a correct definition, then it makes every porn actor and actress a prostitute.

[Guy Fawkes]

A google search of: "legal definition of prostitution" may be of help. The problem being of course that your milage may vary depending on your jurisdiction.

 

Actually most definitions are not helpful with this issue. E.g. Merriam webster :

“the act or practice of engaging in promiscuous sexual relations especially for money”

If that is a correct definition, then it makes every porn actor and actress a prostitute.

[marylander1940]

I wonder if this might be the moment if us rubes unite and sue the heck and make prostitution legal? The politicians united to throw more people in jail and strip away our freedom.

 

I would love that to happen. The same was said about the RB raid and now we have this threat on top of our heads.

[+ Tarte Gogo]

A google search of: "legal definition of prostitution" may be of help. The problem being of course that your milage may vary depending on your jurisdiction.

Lol, I have been reading definitions for 10 minutes and I still haven’t seen a single definition, legal or otherwise, that doesn’t make every porn actor a prostitute.

Did you find one, Guy?

[Stormy]

• Policy
  

 

 

 

 

Prostitution Law and Legal Definition

Almost all states have laws making it illegal to engage in, promote, or profit from prostitution. The term "prostitution" generally means the commission by a person of any natural or unnatural sexual act, deviate sexual intercourse, or sexual contact for monetary consideration or other thing of value.

 

An escort service is any business, agency or person who, for a fee, commission, hire, reward or profit, furnishes or offers to furnish names of persons, or who introduces, furnishes or arranges for persons, who may accompany other persons to or about social affairs, entertainments or places of amusement, or who may consort with others about any place of public resort or within any private quarters. Escort services are generally legal, but if they are a cover for prostitution, they are not.

 

Besides engaging in, offering, or soliciting acts of prostitution, laws, which vary by state, also make it a crime to do the following:

 

1. Cause or aid a person to commit or engage in prostitution.
   
2. Procure or solicit patrons for prostitution.
   
3. Provide persons or premises for prostitution purposes.
   
4. Receive or accept money or other thing of value pursuant to a prior agreement with any person whereby he or she participates or is to participate in the proceeds of any prostitution activity.
   
5. Operate or assist in the operation of a house of prostitution or a prostitution enterprise.
   

The following is an example of a New Mexico statute defining prostitution:

 

"Prostitution consists of knowingly engaging in or offering to engage in a sexual act for hire. As used in this section "sexual act" means sexual intercourse, cunnilingus, fellatio, masturbation of another, anal intercourse or the causing of penetration to any extent and with any object of the genital or anal opening of another, whether or not there is any emission. Whoever commits prostitution is guilty of a petty misdemeanor, unless such crime is a second or subsequent conviction, in which case such person is guilty of a misdemeanor

 

Silly laws.

[Guy Fawkes]

Weird ain't it!

 

Lol, I have been reading definitions for 10 minutes and I still haven’t seen a single definition, legal or otherwise, that doesn’t make every porn actor a prostitute.

Did you find one, Guy?

[rvwnsd]

If you think about it, the traditional marriage where the wife stayed home, the husband worked, and she performed her wifely duties is a form of prostitution.

[+ jc808]

There is no such thing as free sex, least of all on the straight side of the street. One can even ask whether, under this law's definition, giving sex in exchange for sex is a "commercial sex" activity.